Min - City Council - 2010 - 03/23 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MARCH 23, 2010
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney
Workshop Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:18 p.m. on Tuesday, March 23, 2010, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas. The following items were discussed:
Introduction of Donald Wing, Chair of the Library Board
Introduction of the Allen Park Foundation's Park Ambassador Program
Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:48 p.m. on
Tuesday, March 23, 2010.
Call to Order and Announce a Ouorum is Present
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:00 p.m. on Tuesday, March 23, 2010, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
Public Recognition
1. Citizens' Comments.
Annette Beavers, 190 E. Stacy Road, Allen, Texas, announced the opening of Freebirds Restaurant at
The Village at Allen.
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 23, 2010 PAGE 2
1 2. Present Plaques -of -Appreciation to Former Members of the Various Boards.
• Ron Alexander, Parks and Recreation Board, 2008-2010
• Larry Wainwright, Central Business District Design Review Committee, 2009-2010
3. Presentation of a Proclamation by the Office of the Mayor:
• Presentation of a Proclamation to Nelda Thomas, Planner, Proclaiming April 4-10, 2010, as
Community Development Week
• Presentation of a Proclamation to Jeff Timbs, Library Director, Proclaiming April 13, 2010, as
Library Workers Day.
• Presentation of a Proclamation to Representatives of the Library Board, Proclaiming April 11-17,
2010, as Library Week
4. Presentation of Library Board's Annual Report by Donald Wing, Library Board Chair.
5. Presentation Regarding the 2010 Census by Lee Battle, Assistant Director of Planning and
Development.
Councilmember Obermeyer commented on the questionnaire not addressing citizenship or income of
respondents.
Consent Agenda
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Herald, the Council voted seven (7) for and none (0) opposed to adopt the items on the
Consent Agenda as follows.
6. Approve Minutes of the March 9, 2010, Regular Meeting.
7. Adopt a Resolution Supporting the Cities Aggregation Power Project's (CAPP) Agenda
Relative to the Sunset Commission's Review of the Public Utility Commission (PUC) and the
Electric Reliability Council of Texas (ERCOT).
RESOLUTION NO. 2898-3-10(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ENDORSING CERTAIN LEGISLATIVE CHANGES
RELATING TO THE SUNSET REVIEW OF THE TEXAS PUBLIC UTILITY COMMISSION
AND THE SPECIAL PURPOSE REVIEW OF THE ELECTRIC RELIABILITY COUNCIL OF
TEXAS, AND PROVIDING AN EFFECTIVE DATE.
8. Adopt a Resolution Authorizing the City's Bond Counsel, the City's Financial Adviser and City
Staff to Proceed with Arrangements for the Sale of General Obligation Bonds, Series 2010.
RESOLUTION NO. 2899-3-10(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING APPROPRIATE PERSONNEL AND
CONSULTANTS TO PROCEED WITH ARRANGEMENTS AND THE PREPARATION OF
DOCUMENTS FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS AND
RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO.
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 23, 2010 PAGE 3
9. Award Bid and Authorize the City Manager to Execute a Purchase Order with Xybix in The
Amount of $73,711 for the Purchase of Public Safety Communications Center Consoles and
Establish an Interim Project Budget of $128,000.
10. Declare a Vacancy in Place No. 2 of the Central Business District Design Review Committee
and Place No. 7 of the Parks and Recreation Board,
11. Receive the Summary of Property Tax Collections as of February 2010.
12. Receive the Investment Report for the Period Ending December 31, 2009.
13. Receive the Capital Improvement Program (CIP) Status Report.
The motion carried.
Reeular Agenda
14. Conduct a Public Hearing and Adopt an Ordinance Amending Section 2.03.2 of the Allen Land
Development Code regarding procedures following the Allen Sign Control Board's
recommendation for approval or denial of an application for a variance from the City's sign
regulations; amending Section 4.02.7 regarding procedures for determining new and unlisted
uses; amending Section 4.10 regarding minimum side yards for garages and carports entered
from rear alleys or side streets; making technical amendments to Section 6.03.10 regarding
firearms and explosives sales and service uses to correct possible conflicts with Section 4.20.2
"Schedule of Principal Uses; amending Section 6.04 by adding temporary food vendors to
those required to obtain temporary use permits and procedures related thereto; amending
Section 4.20.2 "Schedule of Principal Uses" by deleting the use categories "convalescent center"
and "nursing home", adding the use categories "long-term care facility" and "senior
independent living," and amending the uses allowed as a matter of right or by specific use
permit in the "CC" Corridor Commercial zoning; amending Section 4.20.3 "Schedule of
Accessory Uses" by amending the uses allowed as a matter of right or by specific use permit in
the "CC" Corridor Commercial zoning; amending Section 7.04.1 regarding off-street parking
and loading regulations by adding minimum parking requirements for assisted living centers,
senior independent living centers, and long-term care facilities and adding regulations
regarding stacking and queuing of vehicles; amending Section 7.05.6 regarding the plans for the
design and installation of irrigation systems; amending Section 7.07 by deleting regulations
relating to utility locations and adding a minimum height for ornamental fences located
adjacent to greenbelts, open spaces, and parks; amending Section 7.09.2 by adding a new
definition for "changeable electronic variable media message sign" and amending the definition
of "electronic message board"; amending Section 7.09.4 to prohibit changeable electronic
variable media message signs, animated signs, and message centers except in certain
circumstances; amending Section 8.03 with respect to general development plans; amending
Section 8.06 with respect to the design of corner lots; amending Appendix A "Definitions" by
adding new definitions for "assisted living facility," 'long-term care facility;' "senior
independent living," amending the definitions for "firearms sales and service repair" and
"structure," and deleting the definitions for "convalescent home" and "nursing home';
amending Appendix B "Filing Fees and Charges' by increasing the fees related to pro -rata
collection charges relating to construction of water and sanitary sewer lines; and amending
Appendix I "Trail Design Standards" by amending certain design and construction standards
related to pedestrian trails.
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 23, 2010
PAGE
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
David Hicks did not speak, but requested his support for the item be recorded.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2900-3-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING VARIOUS SECTIONS OF THE ALLEN
LAND DEVELOPMENT CODE INCLUDING SECTION 2.03.2 REGARDING POWERS AND
DUTIES OF THE SIGN CONTROL BOARD; SECTION 4.02.7 REGARDING PROCEDURES
FOR DETERMINING NEW AND UNLISTED USES; SECTION 4.10 REGARDING
RESIDENTIAL ACCESSORY USE REGULATIONS, SECTION 4201 REGARDING THE
SCHEDULE OF PRINCIPAL USES, SECTION 420.3 REGARDING THE SCHEDULE OF
ACCESSORY USES, SECTION 6.03.10 REGARDING FIREARMS AND EXPLOSIVES SALES
AND SERVICE USES, PARAGRAPH 5 OF SECTION 604 REGARDING TEMPORARY USE
PERMITS FOR TEMPORARY SALES OF CERTAIN SEASONAL PRODUCTS AND FOOD;
SECTION 7.04.1 REGARDING OFF-STREET PARKING AND LOADING REGULATIONS,
SECTION 7.05.6 REGARDING REQUIREMENTS FOR IRRIGATION SYSTEM PLANS,
SECTION 7.07 REGARDING REGULATIONS FENCES AND WALL, SECTION 7.09.2
REGARDING CERTAIN DEFINITION RELATING TO SIG REGULATIONS, SECTION 7.09.4
REGARDING PROHIBITED SIGNS; SECTION 8.03 REGARDING GENERAL DEVELOPMENT
PLANS; SECTION 8.06 REGARDING THE DESIGN OF LOTS; APPENDIX A "DEFINITIONS"
BY ADDING NEW DEFINITIONS FOR "ASSISTED LIVING FACILITY," "LONG-TERM
CARE FACILITY;' "SENIOR INDEPENDENT LIVING," AMENDING THE DEFINITIONS FOR
"FIREARMS SALES AND SERVICE REPAIR" AND "STRUCTURE," AND DELETING THE
DEFINITIONS FOR "CONVALESCENT HOME" AND "NURSING HOME", APPENDIX B
"FILING FEES AND CHARGES" BY INCREASING THE FEES RELATED TO PRO -RATA
COLLECTION CHARGES RELATING TO CONSTRUCTION OF WATER AND SANITARY
SEWER LINES, AND APPENDIX I "TRAIL DESIGN STANDARDS" BY AMENDING
CERTAIN DESIGN AND CONSTRUCTION STANDARDS RELATED TO PEDESTRIAN
TRAILS; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,00000) DOLLARS FOR EACH
OFFENSE, AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Mayor Pro Tem Stout, the
council voted seven (7) for and none (0) opposed to approve Ordinance No 2900-3-10, as
previously captioned, amending the Allen Land Development Code by amending Section
2.03.2 of the Allen Land Development Code regarding procedures following the Allen Sign
Control Board's recommendation for approval or denial of an application for a variance from
the City's sign regulations; amending Section 4.02.7 regarding procedures for determining
new and unlisted uses; amending Section 4.10 regarding minimum side yards for garages and
carports entered from rear alleys or side streets; making technical amendments to Section
6.03. 10 regarding firearms and explosives sales and service uses to correct possible conflicts
with Section 420.2 "Schedule of Principal Uses", amending Section 6.04 by adding
temporary food vendors to those required to obtain temporary use permits and procedures
related thereto; amending Section 4.20.2 "Schedule of Principal Uses" by deleting the use
categories "convalescent center" and "nursing home", adding the use categories "long-term
care facility" and "senior independent living," and amending the uses allowed as a matter of
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 23, 2010
PAGE 5
right or by specific use permit in the "CC" Corridor Commercial zoning, amending Section
4 20 3 `Schedule of Accessory Uses" by amending the uses allowed as a matter of right or by
specific use permit in the "CC" Corridor Commercial zoning; amending Section 7.04.1
regarding off-street parking and loading regulations by adding minimum parking
requirements for assisted living centers, senior independent living centers, and long-term care
facilities and adding regulations regarding stacking and queuing of vehicles; amending
Section 7.05.6 regarding the plans for the design and installation of irrigation systems;
amending Section 7.07 by deleting regulations relating to utility locations and adding a
minimum height for ornamental fences located adjacent to greenbelts, open spaces, and
parks, amending Section 7.09.2 by adding a new definition for "changeable electronic
variable media message sign' and amending the definition of "electronic message board;
amending Section 7.094 to prohibit changeable electronic variable media message signs,
animated signs, and message centers except in certain circumstances; amending Section 8.03
with respect to general development plans; amending Section 8.06 with respect to the design
of corner lots; amending Appendix A "Definitions" by adding new definitions for "assisted
living facility,' "long-term care facility," "senior independent living," amending the
definitions for "firearms sales and service repair' and "structure," and deleting the definitions
for "convalescent home" and "nursing home"; amending Appendix B "Filing Fees and
Charges" by increasing the fees related to pro -rata collection charges relating to construction
of water and sanitary sewer lines; and amending Appendix I "Trail Design Standards' by
amending certain design and construction standards related to pedestrian trails. The motion
carried
15. Consider Making Appointments to Fill Vacancies in Place No. 7 on the Keep Allen Beautiful
Board and Place No. 7 on the Parks and Recreation Board.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember
Obermeyer, the council voted seven (7) for and none (0) opposed to appoint Mark Schallhorn
to complete the unexpired term in Place No. 7 of the Keep Allen Beautiful Board with a term
expiration date of September 30, 2011; and Paul Davidson to complete the unexpired term in
Place No. 7 of the Parks and Recreation Board with a term expiration date of September 30,
2011. The motion carried.
Other Business
16. Calendar.
• March 27, 2010 - Eggeellent Family Adventure, 9am-Noon, Allen Civic Plaza
• March 28, 2010 -Doggy Days, 2-4pm, Bethany Lakes/Joe Farmer Recreation Center
17. Items of Interest.
• ACO 251h Anniversary Event is on March 26.
• Allen Americans Hockey playoff games March 26-27
• Carson & Barnes Big Top Circus will be in town March 26-28.
• Council wished Happy Birthday to Marilee Obermeyer
IThe Regular Meeting was recessed at 8 03 p.m.
ALLEN CITY COUNCIL
REGULAR MEETING
MARCII 23, 2010 PAGE 6
IExecutive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
8:10 p.m. on Tuesday, March 23, 2010, in the Council Conference Room, 305 Century Parkway, Allen, Texas,
in order to discuss matters pertaining to:
18. Pursuant to Legal, Section 551.072 of the Texas Government Code Section for the Deliberation of
the Purchase of Real Property- Consideration of the Acquisition of Easement, Right -of -Way or
Land and Water Line.
19. Pursuant to Legal, Section 551.087 of the Texas Government Code for the Purpose of Deliberation
of Economic Development Negotiations- Consultation with City Attorney Regarding
Consideration of Economic Development Incentives for Project Quick.
The Executive Session adjourned at 9:26 p.m. on Tuesday, March 23, 2010.
20. Reconvene and Consider Action on Items Discussed during Executive Session
The Allen City Council reconvened into the Regular Meeting at 9.27 p.m. on Tuesday, March 23,
2010. No action was taken on items discussed during Executive Session.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 9.27 p.m. on Tuesday, March 23, 2010 The motion carried.
These minutes approved on the 13th day of April, 2010.
ATTEST: /
Shelley B. Geor&XITY SECRETAR
0
APPROVED:
Stephen Terrell, MAYOR